Patna High CourtCR. MISC./17713/2017dismissed

Raju @ Jatan Yadav v. The State Of Bihar

2017-04-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17713 of 2017 Arising Out of PS.Case No. -192 Year- 2016 Thana -AMAS District- GAYA ====================================================== Raju @ Jatan Yadav, Son of Deoki Yadav, Resident of Village- Chhotki Jori, P.S.- Bashisthnagar Jori, District- Chatra (Jharkhand). .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s : Mr. Sri Ashok Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-04-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Amas P.S. Case No. 192 of 2016, registered for offences punishable under Sections 8/17(B), 18(B), 25 and 29 of the NDPS Act.

The allegation against the petitioner is that 650 grams of opium was recovered from the vehicle of which the petitioner was driver.

It has been submitted on behalf of the petitioner that he has been falsely implicated in this case. He has never been arrested and a story was created that during the production of the accused the petitioner flee away from the custody which will appear from Annexure-2 of the application. It has also been

Patna High Court Cr.Misc. No.17713 of 2017 (2) dt.21-04-2017 2/2 submitted that as a matter of fact, the petitioner had gone to Chatra and has been implicated in this case.

Heard learned A.P.P. also..

Having heard both sides and in view of the allegations, in my opinion, this is not a fit case for grant of anticipatory bail. Rather, the petitioner should surrender and make prayer for regular bail which will be considered by the learned court below on its own merits without being prejudiced by the order of this Court.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) S.Pandey/- U T